Charity Access to Justice Foundation will today set out how it plans to spend a surge in income from undistributed damages in collective action proceedings. The foundation is the sole nominated body to receive undistributed damages from opt-out collective action cases in the Competition Appeal Tribunal under the Consumer Rights Act 2015. 

Its announcement follows the CAT’s decision to award £3.8 milion in unclaimed settlement damages from Gutmann v SW Trains. The foundation is also expected to receive undistributed damages awarded following the CAT’s judgment last week in Kent v Apple.

An open grants round will open early next year to distribute funds due from the SW Trains case, the foundation said. It will focus on making grants in three core areas:

  • Access to legal advice for individuals. 'This will prioritise funding long-term costs to support access to free legal advice for the people who need it the most, both at a local and national level.'
  • Activity to support policy changes. 'ATJF will fund work which addresses the underlying causes of advice and therefore reduces the overall need for advice. This work will be done in partnership with frontline and community groups.'
  • Mass reach through citizen engagement to raise awareness of legal rights - including consumer redress. 'ATJF will leverage its advice and grantee networks to encourage better understanding of rights and responsibilities as well as the development of a research and insights infrastructure to understand areas of need.'

Each of these areas will be prioritised according to where the need is the greatest, the specific circumstances of the case and how impact can be maximised, the foundation said. 

The Access to Justice Foundation was formed in 2008 by bodies including the Law Society and Bar Council. In 2024 it awarded £34.8m in multi-year grants.